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SCA/11800/2002 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11800 of 2002
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NARESHKUMAR
VITTHALDAS CHAUHAN - Petitioner
Versus
PATEL
MADHAVLAL MAGANLAL COMPANY RAJKOT - Respondent
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Appearance :
MR
KISHOR M PAUL for the Petitioner.
MR SUNIL S JOSHI for the
Respondent.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 09/09/2010
ORAL
ORDER
1. By
way of this petition under Article 226 of the Constitution of India,
the petitioner has prayed for an appropriate writ, order and/or
direction, quashing and setting aside the judgement and award dated
28/03/2002 passed by Labour Court, Rajkot in Reference (LCR) No.799
of 1990 in awarding only Rs.25,000/- towards compensation in lieu of
reinstatement and backwages.
2. Mr.Kishor
Paul, learned advocate appearing on behalf of the petitioner has
submitted that in the facts and circumstances of the case, the amount
of compensation awarded by the Labour Court is too meager and the
petitioner is ready and willing to accept a total sum of
Rs.1,00,000/- towards compensation in lieu of reinstatement and
backwages.
3. Mr.Sunil
Joshi, learned advocate, under the instruction received from the
respondent, has stated at the bar that the respondent is ready and
willing to pay a further sum of Rs.25,000/- to the petitioner towards
compensation in lieu of reinstatement and backwages.
4. In
view of the above difference between Rs.1,00,000/- and Rs.50,000/-
between the respective parties, learned advocates appearing on
behalf of the respective parties ultimately left it to the Court to
decide an amount of compensation to be paid to the petitioner in lieu
of reinstatement and backwages.
5. Under
the circumstances and considering the fact that the petitioner came
to be dismissed in the year 1990 and such termination was found to be
illegal, this Court is of the opinion that if a further sum of
Rs.40,000/- is directed to be paid to the petitioner (in all
Rs.65,000/- towards compensation in lieu of reinstatement and
backwages), it will put an end to the litigation between the parties.
6. Under
the circumstances, impugned judgement and award dated 28/03/2002
passed by Labour Court, Rajkot in Reference (LCR) No.799 of 1990 is
hereby modified to the extent that the petitioner shall be paid total
a sum of Rs.65,000/- towards compensation in lieu of reinstatement
and backwages. It is reported that a sum of Rs.25,000/0 is already
paid to the petitioner and, therefore, now the respondent to pay a
sum of Rs.40,000/- to the petitioner within a period of eight weeks
from today. Rule is made absolute to the aforesaid extent. No costs.
[M.R.SHAH,J]
*dipti
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